Universality at the cross-roads: current trends in inter-state negotiations at the United Nations and International (Human Rights) Law
Autor | Wilson de los Reyes Aragón |
Cargo del Autor | Senior Legal Advisor/Main representative to United Nations in Geneva - RFSU (Sweden) |
Páginas | 3-33 |
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Universality at the cross-roads:
current trends in inter-state negotiations
at the United Nations and International
(Human Rights) Law
Wilson de los Reyes Aragón*
Foreword
Current notion of International Law is closely bound to the post-war
order, particularly to the notion of peace among equally sovereign nations
and universal human rights entitled to all individuals. Based on these two
pillars, international relations and international law have (successfully)
built a truly universal system mirroring nation-states architecture, namely
pursuing the monopoly of force to the fullest extent possible, the develop-
ment of a rational, independent, law-based dispute resolution system, and
the guarantee of certain fundamental rights to all individuals (without
further qualiers). In this regard, the United Nations and the Universal
Human Rights Charter have been operative as a foundational pact fulll-
ing a legitimising function. e basic intergovernmental agreements on
human rights have, in their turn, acted as a guideline for state legitimacy
and governance. However, current geopolitical trends put the idea of
* Senior Legal Advisor/Main representative to United Nations in Geneva - (Sweden);
Associate Scholar Latin American Institute – Stockholm University (Sweden); Colaborador Centro
de Investigación de la Efectividad del Derecho (Spain). wilson.delosreyes@rfsu.se.
Derechos Humanos y empresas y Sistema Interamericano de Derechos Humanos
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universalism at the cross-roads, posing both risks and opportunities for
the international system, for its institutions and for International Law as
a safeguard of its legitimacy.
e role of the United Nations and International
Law in contemporary State legitimacy
As stated in its webpage, the United Nations has a unique international
character allowing it to “take action on the issues confronting humanity in
the 21st century, such as peace and security, climate change, sustainable
development, human rights, disarmament, terrorism, humanitarian aid
and health emergencies, gender equality, governance, food production,
and more”. e claims to provide “a forum for is members” in order
to nd, through inter-governmental negotiation, “areas of agreement and
solve problems together”.1
Such description is a very good summary of the purposes and principles
enshrined in the Charter of the United Nations, as well as the source of its
own organisational legitimacy. While never intended to be a super-state,
the was intended as a more ecient successor to the League of Nations
and aimed to be born as an international power.2 According to the Royal
Institute of International Aairs, it was necessary to overcome some design
aws from the League Nations and build the new organisation upon the
basis of formal equality of all states and open membership to all of them,
regardless their size or inuence.3
Designed as an international power aimed to create a new world order,4
the Charter entrusts the Organisation with the mandate to “establish
conditions under which justice and respect for the obligations arising
1 United Nations. Institutional information available at http://www.un.org/en/sections/
about-un/overview/index.html.
2 Simma, Bruno (ed.), e Charter of the United Nations. A commentary, 2nd edition. Oxford
University Press, 2002, vol. 1, p. vii, 2, 15; Kelsen, Hans, e law of the United Nations. New York,
e London Institute of World Aairs, Frederick A. Praeger Publisher, 4th reprint, 1964, p. 3, 329.
3 See Archer, Clive, International Organizations, 2nd edition. London, Routledge, 1992, p. 25.
4 Kaplan, Lawrence, nato and the un. A peculiar relationship. University of Missouri Press,
Columbia and London, p. 6; Álvarez, José, “Legal Perspectives”. In Weiss, omas G.; Daws,
Sam (ed.), e Oxford Handbook on the United Nations, Oxford University Press. New York, 2007,
pp. 58-81.
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